Morris v. Ward
Supreme Court of Kansas
Error from Shawnee County. Tbe subjoined opinion of tbe court contains a full statement of tbe facts of tbe case. 1. Tbe judgments rendered against tbe bnsband were liens upon tbe homestead at tbe time of tbe conveyance to Morris. [§ 438, Civ. Code, Comp. Laws, 194.] This section makes a judgment a lien against all the lands and tenements of the debtor within the county. 2. Section nine, article fifteen, constitution, merely exempts the homestead while occupied as such.
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Error from Shawnee County. Tbe subjoined opinion of tbe court contains a full statement of tbe facts of tbe case. 1. Tbe judgments rendered against tbe bnsband were liens upon tbe homestead at tbe time of tbe conveyance to Morris. [§ 438, Civ. Code, Comp. Laws, 194.] This section makes a judgment a lien against all the lands and tenements of the debtor within the county. 2. Section nine, article fifteen, constitution, merely exempts the homestead while occupied as such. If the debtor conveys, the grantee takes subject to the liens of judgment subsisting against him. The homestead right is a…
1Opinion of the Court
By the Court,
Valentine, J.
Catharine Ward, the plaintiff below, and her husband, John T. Ward, sold and conveyed to Isaac Morris, the defendant below, a certain piece of land and took in payment therefor, a certain instrument in writing, whereby the said Morris promised to pay the said Catharine Ward, $2,150, with interest on condition “ that the title to the land shall be perfected to the said Morris free from all incumbrance, within six months.”
Morris claims that the condition on which he promised to pay the money has not been complied with — that the land is still incumbered. Catharine Ward…
2Cases cited2 opinions
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3Cited by64 opinions
- Stallings v. HullumTexas Supreme Court · 1896
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Monroe v. May, Weil & Co.Supreme Court of Kansas · 1872
- Bank of Kansas v. DavisonSupreme Court of Kansas · 1993
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
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